The Consumer Product Safety Commission (CPSC) has filed a complaint against Baby Matters LLC. to strong arm the company into removing their product the Nap Nanny — a portable cushion for babies that mimics the contours of a car seat — from the shelves and refunding buyers in full. The commission claims that they have received 70 complaints of babies falling from the recliner. In most cases with dangerous products, the manufacturer will voluntarily recall their products before the feds can take them to court, however Baby Matters LLC has adamantly refused to recall the Nap Nanny, even following the deaths of five babies.

The loss of an infant is an unthinkable tragedy, and I am truly heartbroken for the families who have lost a child. But the fact that infants have died "while using" the Nap Nanny improperly, such as when used in a crib where the child could suffocate on a crib bumper or a blanket, does not mean our product caused the child's death or is hazardous.

The CPSC seems to feel otherwise. "We believe it is a hazardous product and we are concerned about the safety of the children that are in there," Says commission spokesman Alex Flip. "We had to take action because of the number of incidences, and that is why we have filed this complaint against the company. They would not agree to a voluntary recall."

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Baby Matters LLC continues to stand their ground saying that any injury was caused by product misuse. This is at least partially true. In multiple cases, injuries occurred when the Nap Nanny was placed in a crib, something that the company warns against, and, in the case of the first death (which occurred in 2010), the baby suffocated after it wasn't wasn't secured into the product by the attached harness. Still, the refusal to recall and reevaluate the Nap Nanny following the injury of so many children does not speak well for the product or for the ethics of the company.